Appellate Division: Second Judicial Department

M172293

E/mv

THOMAS A. DICKERSON, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2007-01085 The People, etc., respondent, v Maurice Frazier, appellant. (Ind. No. 731/06)

ORDER TO SHOW CAUSE

Motion by the appellant, in effect, to restore to active status an appeal from a judgment of the County Court, Nassau County, rendered January 23, 2007, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), for poor person relief, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that on the Court's own motion, the appellant is directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal as abandoned (see 22 NYCRR 670.8[f]), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before May 12, 2014; and it is further,

ORDERED that the appellant's motion is granted to the extent that pursuant to County Law § 722 the following named attorney is assigned as counsel to respond to the order to show cause, and the motion is otherwise held in abeyance in the interim:

Martin Goldberg, Esq.

672 Dogwood Avenue, #183

Franklin Square, N.Y. 11010

and it is further,

ORDERED that the Clerk of this Court or her designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, upon the attorney who last appeared for him, and upon the attorney named above, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

DICKERSON, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

07-A-0813

Elmira Corr. Fac.

P.O. Box 500

Elmira, N.Y. 14902